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INDONESIA
Justisia Ekonomika
Published by Universitas Muhammadiyah Surabaya
ISSN : 25985043     EISSN : 2614865X     DOI : https://doi.org/10.30651/justeko.v7i2
Core Subject :
Arjuna Subject : -
Articles 362 Documents
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EKSEKUSI KAPAL MOTOR AKIBAT WANPRESTASI PEMBIAYAAN MUSYARAKAH DI PENGADILAN AGAMA GRESIK PERSPEKTIF HUKUM EKONOMI SYARIAH (Analisis Penetapan Eksekusi Pa.Gresik Nomor : 005/Pdt.G/Eks/2017/Pa.Gs.) Atiqotul maula alfarihah; Abd Hadi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3913

Abstract

ABSTRACT                                                      Thesis entitled "Execution of Motorboats as a Result of Musharaka Financing Failure in Religious Court of Gresik in the Perspective of Islamic Economic Law“ (Analysis of the Execution Establishment in the Religious Court of Gresik Number : 005/Pdt.G/Eks/2017/PA.Gs.) is deliberated by the presence of an Execution that is carried out in the Religious Court of Gresik based on the Mortgage Deed Grosse Number : 572/2013 on November 7th, 2013 that hold an oath with the sentence "For Justice Based On Belief In The One and Only God" which was released by the Ministry of Directorate General of Sea Transportation, Batam Port Office, in the form of mortgage level I Debt Repayment with the cost of Rp.27.500.000.000,- .The research method used in this research is field research that has qualitative traits, which resourced from research informant that was collected while doing the research in the Religious Court of Gresik and was supported with a data that could be enhanced with literatures as an upholder. This research is qualitative descriptive, using interview, observation, and documentation data collecting technique. The approaching method used on this research is sosiological juridical which kater analyzed using inductive mindset.Based on the analysis result and related researches on Execution of Motorboats as a Result of Musharaka Financing Failure in Religious Court of Gresik in the Perspective of Islamic Economic Law, analysis of the Execution Establishment in the Religious Court of Gresik Number : 005/Pdt.G/Eks/2017/PA.Gs., evaluating based on Constitutional Law Number 3, Year of 2006 about the modification upon Constitutional Law Number 7, Year of 1989 about Religious Court, Constitutional Law Number 50, Year of 2009 about the second modification upon Constitutional Law Number 7, Year of 1989 about Religious Court, Supreme Court Law Number 2, Year of 2008 about Islamic Economic Laws Compilation, Constitutional Law Number 21, Year of 2008 about Islamic Banking and the Statute Book of Trading Laws, it can be concluded that the execution implementation based on islamic economic laws in Indonesia is under the authority of the Religious Courts. And the execution implementation in the Religious Court of Gresik with the basis of Mortgage Deed Grosse is already in accordance with the Islamic Economic Dispute Laws and the Constitutional Laws.Keywords : Execution, Financing Failure, Musharaka, Islamic Economic Law, Religious Court of Gresik
Konsep Keseimbangan Ekonomi Pada Mekanisme Pasar dan Penetapan Harga dalam Perspektif Ibnu Khaldun nur rahmawati
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3946

Abstract

AbstractUnstable price fluctuations in the market have an impact on the crisis, in these conditions the government is required to present. But the presence of the government is not only the main way to out from the crisis, because the presence of the government is only one of four factors that can influence the functioning of the market mechanism. One of Islamic thinker who has an idea of market mechanisms and price fixing is Ibn Khaldun. One of his books that studies market mechanisms is the Muqoddimah. In the book of MuqaddimahIbn Khaldun wrote a special chapter discusses the mechanism of prices on the market, that chapter is titled “the prices in the city”.This article studies about Ibn Khaldun's Islamic Economic Thought, especially about market mechanisms and pricing in Islam. After analyzed, the authors conclude that according to Ibn Khaldun there are four factors that influence the process of the market mechanism: 1). Price Theory 2). Value Theory 3). Work Specialization 4). Country. While the price determination of Ibn Khaldun argues: 1). The government are not advised to intervene the market price, because it will have an impact on the market price instability. 2). Regarding to the Supply and Demand, Ibnu Khaldun argued that: The supply of staples for a big cities residents is much greater than the supply of staples for small cities residents. As for demand, Ibn Khaldun said: “If a city develops and its population increases, so people will prosper, then it will cause an increase in demand for goods, and consequently the prices will rise”. Key Word: Economic Balance, Market Mechanisms, Pricing and Ibn Khaldun
PENERAPAN HUKUM KONTRAK PADA USAHA ASURANSI SYARIAH MENURUT FIKIH MUAMALAH (Studi di PT Asuransi Takaful Keluarga Cabang Malang) choliq subekti
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3925

Abstract

ABSTRACTThis study aims to describe and analyze the problem of applying contract law and engagement law in sharia insurance business according to Muamalah fiqh. The focus of the study is the discussion of three things, namely the mechanism of making contracts (contracts) between sharia insurance companies and customers, the factors that cause the abolition of an agreement and its legal consequences, and how to resolve disputes if one party between the company and the customer does default. The chosen research location is PT Syarikat Takaful Indonesia Malang Branch. The results of this study indicate that there are several contracting mechanism (contract) between PT Syarikat Takaful Indonesia and prospective customers, the things that become a factor of the cancellation of the agreement, and if there is a dispute between the customer and the company, then two methods of settlement can be taken, namely non-litigation and litigation methods. Keywords: Law of Engagement, Sharia Insurance, Mu'amalah Fiqh
STRATEGI PERBANKAN SYARIAH TERHADAP AKAD MUDHARABAH BERMASALAH PERMATA BANK SYARIAH DR. SUTOMO SURABAYA ahmad kurniawan; warsidi warsidi
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3914

Abstract

ABSTRACTFinancing is a large part of Islamic bank assets that must be maintained in quality so that Islamic banks can carry out their functions properly. A common problem that arises is the existence of problematic financing that can continue to become a stagnant financing and cause financial health of the bank to be disrupted. The solution from National Sharia Board of Indonesian Ulema Council related to disputes in the contract is limited to 2 settlement efforts, namely deliberation, and settlement of disputes through the Sharia Arbitration Board, while the facts in the field indicate that the second solution is not widely implemented, and the form of deliberate deliberation makes each Islamic Financial Institutions carry out deliberations accordingly with their respective policies. Based on this, the research was carried out based on 2 legal issues, including legal vacancies, and the existence of multiple interpretations of each Islamic bank in running musyarah to handle troubled financing, one of which included PermataBank Syariah. From the legal issue, the formulation of the problem in this study was formed, namely: 1) how to finance the mudharabah contract at PermataBank Syariah; 2) how the Syariah Syariah Bank's strategy in handling troubled financing in mudharabah contracts. The method used in this study is sociological research with qualitative descriptive analysis because the research was carried out on direct conditions in the field. This qualitative descriptive is used to get data that is deep and meaningful. Mudharabah contract financing at PermataBank Syariah consists of 4 main stages, namely 1) prospective mudharib submits a request for financing; 2) if the requirements are complete, the bank will verify the data; 3) the bank surveys the field; 4) filling out the form and signing the contract by the prospective mudharib who passes verification. Efforts made by Permatabank Syariah KCS. Dr. Sutomo Surabaya in dealing with financing with problematic mudharabah contracts is divided into two approaches, namely, first, the pre-customer approach, which focuses on the selection of prospective customers. Second, the post-customer approach, which is carried out after the funds are disbursed to customers. If the two strategies are unsuccessful, then restructuring is carried out for customers who experience problem financing (Non-Performing Financing).Keywords: Islamic Bank, Mudharabah Agreement, Problem Financing, Non-Performing Financing, Banking Strategy
ANALISIS HUKUM EKONOMI SYARIAH TERHADAP PRAKTIK JUAL BELI PADA PRODUK BAI’ AL-WAFA’ DI BMT UGT SIDOGIRI CABANG BULAK RUKEM SURABAYA priyo setiawan; abd wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 3 No 2 (2019)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v3i2.3927

Abstract

AbstrakIslam is a religion that loves brotherhood. Islam teaches good cooperation between humans in the fields of muamalah and transactions. One form of transaction in trading is buying and selling. A person who will build a house will surely he will plan in advance before building his house, either by saving first or collecting building materials needed little by little. There are those who are looking for alternatives in building permanent houses, that is by buying building materials in stages, the buyer will store the building materials that he has bought at a building store. Buyers and shopkeepers enter into a custody agreement. The problem that then arises is if the store uses the stored goods to be sold again to other buyers, even though the store is able to bear the risks that may arise. These problems will be linked in the application of the principle of wadi'ah to the MUI DSN fatwa number 02 / DSN-MUI / IV / 2000 on building materials safekeeping services.This research is analytical descriptive by describing the conditions found in the field and analyzing them to get conclusions. With empirical legal research, the author examines the implementation of the wadi'ah contract on safekeeping of building materials associated with the MUI Fatwa DSN. Descriptive qualitative analysis is used to analyze the reality of the implementation of the wadi'ah contract on safekeeping building materials.The practice of storing building materials in Sumber Urip Surabaya's building stores has fulfilled the terms and conditions of the yaddhamanah wadi'ah contract, where the buyer acts as the entrusted person, while the building store acts as the person who receives the item deposited. The deposit is in the form of cement. It is said yaddhamanah because the building store uses cement from the buyer's savings by selling the cement to other buyers without notifying the buyer when the contract occurs. Keywords: Implementation, Wadi’ah, Safekeeping
PRAKTEK QARDH DI BANK WAKAF MIKRO ALPEND BAROKAH MANDIRI PERSPEKTIF ISLAM, PEMBERDAYAAN UMKM (Studi di BWM Al-Amien Prenduan) Ibnu Kusuma Negara; Sriyati Sriyatin
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5233

Abstract

ABSTRACTThe purpose of his research is to find out and analyze the practice of the qardh in Islamic perspective, and the impact of the practice of financing with the Qardh contract on empowerment UMKM , as well as supporting and inhibiting factors and solutions of the empoerment. This research uses descriptive qualitative research with a phenomenological approach as the main theoretical basis. The data collection techniques used interviews, observation, documentation, about the practice of Qardh Practices at the Bank Wakaf Mikro Alpen Barokah Mandiri Islamic Perspective in empowerment Small and Medium Businesses (UMKM) Around the Boarding School. The collected data is then managed and analyzed using descriptive qualitative. Keywords : Qardh Practice, Impact, Empowerment Of Supporting Factors, Inhibiting Factors
ANALISIS PUTUSAN PENGADILAN TINGGI AGAMA SURABAYA DALAM PERKARA GUGATAN EKONOMI SYARIAH TENTANG WANPRESTASI AKAD AL QARDH DAN AKAD IJARAH (STUDI KASUS PUTUSAN PERKARA NOMOR 0223/Pdt.G/2015/PTA.Sby) Ummi Nurjannah Prastyawati; Abdul Wahab
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5229

Abstract

ABSTRACTIn connection with the Sharia Economy referred to in article 49 of Law number 3 of 2006 letter (i) above, that Sharia Economy in actions or business activities carried out according to sharia principles. Then all sharia financing institutions and financial customers or conventional banks that open the sharia business sector, are naturally bound to sharia economic benefits.With the formulation of the problem: first, What is the main case number : 0223 / Pdt.G / 2015 / PTA.Sby Surabaya religious court about the breach of the Akad al Qardh and Akad Ijarah contracts, Second, What is the legal basis of the judges of the Surabaya Religion Court in decide the Islamic economic dispute case number : 0223 / Pdt.G / 2015 /PTA.Sby, Third, What is the decision of the Judge regarding the Al Qardh Akad Performance and Akad Ijarah in the Case Verdict Case Number : 0223 / Pdt.G / 2015 / PTA.Sby.By using the normative juridical descriptive research method which is an approach that uses a positivist juridical conception, namely that the law is identical to the written norm made by the authorities, so far the law has been made as a normative system that is autonomously closed and independent of people's lives. Based on the research results that are considered by Judges in the decision number : 0223 / Pdt.G / 2015 / PTA. By the source of the law used is Law number 7 of 1989 as amended by Article Law Number 3 of 2006 and the second amendment to Law Number 50 of 2009, Law Number: 1 of 1995 concerning limited liability companies, compilation of Sharia Economic Law (KHES) and HIR. Key Word: Analysis of Court Decisions, Akad Al Qardh and Akad Ijarah
PENYELESAIAN SENGKETA PADA AKAD MURABAHAH DENGAN PENDEKATAN NON LITIGASI DI KSPPS BTM MULIA BABAT LAMONGAN Muhammad Fahmi Azis; Isma Swadjaja
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5235

Abstract

ABSTRACTDisputes are disputes, disputes or disputes that occur between one party and another related to valuable rights in the form of money or property.Shari'ah economic disputes are the domain of disputes in business or trade activities. Shari'ah economic disputes can occur before or after the agreement is agreed, for example regarding the object of the agreement, the price of goods, and the contents of the agreement (Akad).In this case, this research focuses on the resolution of non-litigation sharia economic disputes on the murabahahh contract and the application of the murabahahh contract in Bspm Mulia Babat.This research is a descriptive qualitative research is a research method to make a picture of a situation or event, so that it is desirable to hold the accumulation of basic data using the method of observation, interviews, and documentation. The results of the study are that the resolution of non-litigation sharia economic disputes in the murabahahh contract in the compt btm noble tripe uses the system of family, peace, deliberation (sulhu) and the application of murabahah contract in accordance with Islamic economic principles and principles.         Keywords: Dispute Resolution, Non Litigation and Murabahahh Agreemen
MODEL PENGEMBANGAN DAN PEMANFAATAN WAKAF TUNAI UNTUK PENDIDIKAN TINGGI (STUDI KASUS WAKAF AMERTA AIRLANGGA) Muhamad Syadid; Muhammad Arfan Muammar
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5230

Abstract

ABSTRACTThe The increasingly difficult economic conditions require educational institutions at the tertiary level to develop a model for collecting funds from the community, one of which is through cash waqf. Airlangga University already has a model of developing and utilizing campus-based cash waqf. So with this waqf solution the community can be helped especially by students to continue their education. From here the authors are encouraged to conduct research on "Models of Development and Utilization of Cash Waqf for Higher Education (Case Study of Waqf Amerta Airlangga.".With the formulation of the problem: first, How to use cash waqf for higher education in Amerta Airlangga Waqf. Second, how to model the development of cash waqf in Amerta Airlangga. The method of this study used qualitative-descriptive because the data was qualitative, the data was not quantitative which used statistic. Practically, the data collection used three methods, they were: interview, observation, and documentation.Based on the results of research in Waqf Amerta Airlangga, it is known that the Community donated funds to the Waqf Amerta Airlangga through PUSPAS which is divided into two types, namely non-endowment social donations and endowment donations. Then some of the non-waqf funds were directly put into social donation accounts which could be directly utilized for the Airlangga University PUSPAS program, by 85%. While the other 15% is for the operations of PUSPAS Airlangga University. The Waqf Fund through the Amerta Endowments program will be managed separately for the fund as an investment in a number of portfolios. Key Words : Development and Utilization Model, Cash Waqf, Higher Education
MANAJEMEN SUMBER DAYA INSANI (Konsep Dasar Perencanaan dan Analisis Jabatan di Perbankan Syariah) nur rahmawati
Jurnal Justisia Ekonomika: Magister Hukum Ekonomi Syariah Vol 4 No 1 (2020)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justeko.v4i1.5236

Abstract

ABSTRACT In this globalization era, there are many issues in the development of global competition, including unlimited free competition in a particular region or country. This freedom to do business has become the demands and needs of the world community from any angle. So the existence of Human Resource Management (MSDI) is very important for Islamic banking in managing and using Human Resources that function productively, effectively, and efficiently to be able to survive and compete in the global arena.Human Resources is an infinite gift from Allah SWT, but if human resources are not managed properly, then an institution or company, even the country will be left behind and could be down. An institution, company and country that is unable to progress, the problem is not the quality of the Human Resources, but on the quality of Human Resources Management, how many bad the Human Resources there, if managed properly, it will produce  institutions, companies and developed countries. To that end, human resources must be planned carefully, must be analyzed in depth related to positions(jobs) in accordance with the SDI field owned by a sharia banking, so that what is called the right man in one place wasformed.Keywords : Management, Planning, Job Analysis and Banking

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